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Maternity pay

Discussion in 'Health and wellbeing' started by katman, Apr 1, 2008.

  1. Richie Millions

    Richie Millions New commenter

    Maternity pay and leave

    Improvements to statutory maternity pay and leave apply to women whose expected week of childbirth (EWC) is 1 April 2007or later. The actual date of childbirth will not change the entitlement.

    There are currently no changes to occupational maternity pay and leave but a woman is legally entitled to use whichever provision is the most advantageous. This means that there will still be a mixture of rights depending on her conditions of service and statute.

    All pregnant employees regardless of length of service will be entitled to 52 weeks ordinary maternity leave.

    Employees with 26 weeks' continuous employment with their current employer by the 15th week before the EWC will be entitled to 39 weeks' statutory maternity pay (SMP) and a further 13 weeks' unpaid maternity leave. SMP is £112.75 per week from April 2007.

    Maternity pay will depend on length of continuous service and conditions of service, for example:

    a) A teacher under Burgundy Book (local authority employment) conditions of service with one year or more continuous service by 11th week before the EWC will receive:

    four weeks' full pay;
    two weeks' 90% pay;
    12 weeks' half pay plus SMP;
    21 weeks' SMP;
    13 weeks' unpaid leave.
    b) A teacher with 26 weeks but less than one year's continuous service by 15th week before the EWC will receive only the statutory entitlement:

    six weeks' 90% pay;
    33 weeks' SMP;
    13 weeks' unpaid leave.
    c) A teacher with less than 26 weeks' continuous service by 15th week before the EWC will receive:

    52 weeks' maternity leave;
    Statutory maternity allowance (SMA) will be payable if the teacher has been in employment for at least 26 of the 66 weeks ending with the week before her EWC. SMA is £112.75 per week from April 2007. This will have to be claimed from the local Jobcentre Plus office.
    Contact during maternity leave

    There is a new provision entitling the employer to make "reasonable contact" with the employee while she is on maternity leave. The Regulations give an example of when this might be appropriate: "to discuss an employee's return to work". The teacher should be informed of any important developments at the school and any promotion opportunities or job vacancies that arise during maternity leave. However, it is important that the amount and type of contact must not be excessive or intrusive and that the teacher must not be asked to do any work at home.

    Keeping in touch days

    Women will be able to have up to ten days during their maternity leave when they can go into work without ending their maternity leave or losing maternity pay. These days are intended to be used for "keeping in touch" and could be for training or work. The employer does not have to offer these days and the employee is not obliged to accept them. Women are legally protected against any detrimental action for refusing the days. A keeping in touch day constitutes a day's work and the teacher should receive full pay for these days.
  2. Thank you both, that's really helpful, especially Tafkam's Q&A page - that made it so clear!

    It's such a big decision, and I know with hormones flying everywhere all my carefully laid plans for when I can return to work may go to pot when I have a baby to look after!
  3. Think I read the other day that you must return to school for 13 weeks prorata or you will have to pay back the enhanced part of the pay. You will never have to pay back the 112.95 bit as that is paid by the govt and also the 90% bit, but the enhanced bit you might. All you'd do is put your enhanced bit in a savings account so you can pay it back and keep the interest (if you can afford to do that).

    I am in the same position as you, actually: we are going to be starting from the end of the year. I've done all the workings out and think I'd take the full year's maternity leave and then either go three days a week or stay at home full time until they go to nursery when I will go part time. I would probably do some tutoring so that we could afford to do this comfortably. I don't know.

    Good luck.
  4. Hi
    Could you clarify how "continuous service" is calculated?
    My position is that I worked for 1 LEA permanently for 2 years and 1 term and then worked as a supply teacher for various schools through an agency.
    I am about to start a permanent position again with a different LEA.
    Can my previous employment count for these purposes do you think?
  5. harsh-but-fair

    harsh-but-fair Star commenter

    welcome to TES, papia
  6. Chica77

    Chica77 New commenter

    If you think you might not go back you can take the option not to get the OMP bit and get it in a lump sum at the end if you do go back. Or you can keep all your maternity pay and then work for 13 weeks and then leave, but if you were full time previously you have to do the 13 weeks full time.
    Part time is not as easy as that! I'm on my 2nd maternity leave now and i went back 0.5 after my first. I asked for 0.6, I was refused, I appealed and then luckily they decided to let me have 0.5. If you read the pregnancy/baby and toddler forums you'll find that loads of people ended up going back full time as they were refused part time.

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